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ORDER granting in part and denying in part 20 Pla's Motion for Summary Judgment; denying 30 Dft's Motion for Summary Judgment; adopting 34 Report and Recommendations. FUTHER ORDERED this case is remanded for further proceedings; Clrk of Court shall enter judgment accordingly. **See attached PDF for complete information**. Signed by Judge David C Bury on 9/5/08.(JEMB, )

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